T G BALAJI CHETTIAR Vs. HINDUSTAN LEVER LTD

JUDGEMENT

(1.) THIS appeal has been preferred under S. 109 of the Trade and Merchandise marks Act of 1958, (hereinafter referred to as the Act) against the decisions of the asst. Registrar of Trade Marks, Madras, dismissing two applications filed by the appellant, Applications Nos. 154321 and 149486, declining to register the trade marks.

(2.) THE applications for registration were filed as early as June 1951 and June 1952 under the old Trade Marks Act of 1940 but as they had a chequered career they were ultimately disposed of by Madras Officer acting under the provisions of the Act of 1958 in 1960.

(3.) THE appellant T. G. Balaji Chettiar who is carrying on business in the manufacture and sale of soaps filed three applications : (I) A. No. 149485 dated 20-6-1951and (ii) A. No. 149485 dated 20-6-1951 and (iii) A. No 154321 dated 56-1952, for registration of a trade mark containing the word 'surian'. alleging that he has been carrying on the business in the manufacture and sale of soaps using this trade mark for a very long time, thereby implying that he is or has become the owner of proprietor of this trade mark and therefore entitled to registration. Application No. 149485 the second application was ordered to be registered and therefore we are not concerned with the same, Application No. 149486 was refused by the Bangalore Registry by the Ex-Officio Dy, Registrar, Bangalore on 23-8-1954 and Application No. 154321 was similarly rejected by the same officer on 27th July 1954. The appellant thereupon took the matter to the High Court of mysore, which by its judgment dated 4-12-1957 reversed the decision of the deputy Registrar of Trade Marks and directed him to dispose of the appellant's application according to law and on merits, after the applications are duly advertised and after hearing oppositions if any to such registration. It is after this remand that the Asst Registrar of Trade Marks, Madras by his order dated 16-91960 rejected the two aforesaid applications of the applicant.